CONTESTED INTERIM ORDER

Discussion in 'Family Law Forum' started by aussieboyboy, 30 January 2019.

  1. aussieboyboy

    aussieboyboy Active Member

    Joined:
    30 January 2019
    Messages:
    14
    Likes Received:
    2
    I need info on contesting an interim order
     
  2. CSFLW

    CSFLW Well-Known Member
    LawTap Verified

    Joined:
    24 September 2018
    Messages:
    139
    Likes Received:
    11
    aussie need more info to help
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    aussieboyboy likes this.
  3. aussieboyboy

    aussieboyboy Active Member

    Joined:
    30 January 2019
    Messages:
    14
    Likes Received:
    2
    I have been to court to contest the interim order, the interim order was filed 8 days after the said incident, l received the interim order 2 days after l was informed by Vic Police that the party involved was being investigated for fraud in regards to an IBAC investigation, the other said party states they have known me for 5 years yet never met me and has never spoken to me only seen me a VCAT hearing and a funeral. Both lie repeatedly on order
     
  4. aussieboyboy

    aussieboyboy Active Member

    Joined:
    30 January 2019
    Messages:
    14
    Likes Received:
    2
    Hello CSFLW, the interim order was made 8 days after said incident, 2 days after Vic Police informed me they had sent file to DPP after investigating one said party for fraud, as the result of an IBAC investigation insigated by me. Other said party states is my sister in law...NOT....has known me for 5 years....never even met me has only seen me at family funeral and VCAT hearing.....both said parties state untrue facts that can be proven as untrue in order
     
  5. GlassHalfFull

    GlassHalfFull Well-Known Member

    Joined:
    28 August 2018
    Messages:
    111
    Likes Received:
    3
    Aussie boy, your sentence structure makes it pretty hard to understand what you're saying, but in any case, I can tell you my experience of trying to contest an interim order... It is extremely slow and frustrating. I've had an interim order for 6 months now and I'm still probably 3-6 months away from getting to a contested hearing. In other words, if your experience is anything like mine, you won't have any opportunity to argue your case for 6-12 months. You're just stuck with it for a long term and you have no recourse whatsoever.
     
    Jason Blunt and aussieboyboy like this.
  6. Rod

    Rod Lawyer
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    6,228
    Likes Received:
    865
    I suspect you will benefit from legal advice.

    Start by seeing someone at your closest community legal centre if you don't have money to see a lawyer.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  7. aussieboyboy

    aussieboyboy Active Member

    Joined:
    30 January 2019
    Messages:
    14
    Likes Received:
    2
    Hi Rod thanks for the response, l saw Legal Aid on the day and have seen local legal service previously l have my necxt court date and just wanted to know what to expect as l cant seem to find a lot of info on line
     
  8. aussieboyboy

    aussieboyboy Active Member

    Joined:
    30 January 2019
    Messages:
    14
    Likes Received:
    2
    Hi Glass Half Full, l have my contested hearing court date next month, l have 2 interim orders that lm contesting, the statements made in the orders are a complete fabrication, brought on by 1 family member and his partner, the family member has committed fraud and has been the subject of an IBAC enquiry in relation to the said fraud, this family member has only got order as l started posting information on my fb and twitter accounts, basically lied on order to stop me from posting the truth
     
  9. GlassHalfFull

    GlassHalfFull Well-Known Member

    Joined:
    28 August 2018
    Messages:
    111
    Likes Received:
    3
    Oh right, you are much further along in your case than I realised. I thought you had only just received the intervention order but to have your contested hearing next month, I assume you received the interim order many months ago?

    I agree with you though, there is information on the courts and Legal Aid websites about the general process (mention -> directions -> contested hearing), but not about how it actually works in detail and what to expect in terms of evidence, strategy, what you can and can't do or achieve at various hearings etc.
     
  10. aussieboyboy

    aussieboyboy Active Member

    Joined:
    30 January 2019
    Messages:
    14
    Likes Received:
    2
    Hi Glass Half Full we had the directions hearing on Friday and now have the next hearing on 10/4 my case is a little detailed as this goes back to details regarding my mothers estate. Basically my brother owns a multi million dollar racehorse and l posted some comments on twitter about his theft from my mother whilst she was dying from cancer. He didnt like it so he and his partner made up lies about me which can be proven l have a witness that the altercation they said happened did in fact not take place at all. All statements they have made in their summaries can be proven as false. My brother is currently under investigation by Vic Police for fraud in relation to a false stat dec he previously made about me. He is also the subject of an IBAC investigation. We have evidence of the lenghts he has gone to to be deceitful for his own gain. At the hearing the Legal Aid Lawyer did not tell me l can call character witnesses l only found that out after my brother went to court without a Lawyer he told his Partners Lawyers he wasnt able to get representation even though his current horse just won 1.6mil in the Vic Derby, instead he got her Lawyers to act on his behalf, he was told at the last hearing he had to get representation, he just refused to do it and used the Womens Legal Refuge to act on his behalf, as Legal Aid didnt represent me l was left facing the Judge on my own, l dont know now if l can call witnesses on my behalf to refute what he has said and to prove the typr of character he is, surely the Judge will see through this, if he can lie on previous legal documents, and his whole statement can be refuted by other family members, how could he possibly succeed with being granted an order, as he wont sue me for deformation as everything lve said is true and l can prove with court certified documentation. Can he be charged for perjury for making false claims in court as he will swear on oath its true as he doesnt know the evidence we have
     
Loading...

Share This Page

Loading...
gt;